JUDGMENT :

J.B. PARDIWALA, J.

1. Leave granted.

2. This appeal arises from an order passed by a learned single Judge of the High Court of Judicature at Bombay dated 09.07.2019 in Civil Application No. 1494 of 2019 filed in Writ Petition No. 2307 of 1993 by which the High Court declined to condone the delay of 12 years and 158 days in filing the application for restoration of the Writ Petition No. 2307 of 1993 referred to above which came to be dismissed for non-prosecution vide order dated 10.10.2006.

3. The facts giving rise to this appeal may be summarized as under.

4. The suit property bearing S. No. 402, Bungalow No. 15A, situated at Staveley Road, Pune Cantonment, Pune-1 was leased by the respondent in favour of the appellants on 09.03.1951.

5. As the appellants committed breach of the terms of the lease deed, the respondent herein instituted civil suit bearing No. 2599 of 1981 before the Court of the 4th Additional Small Causes Judge, Pune for the recovery of the possession of the suit property & arrears towards the rent.

6. On 02.05.1987, the suit came to be allowed and the final decree came to be passed in the following terms:

“ORDER:

(1) The plaintiffs are entitled to possession o